Signed Contract_Pillar Design Studios_Dubuque SkatePark Scope of Work Copyrighted
February 5, 2018
City of Dubuque Consent Items # 23.
ITEM TITLE: Signed Contract(s)
SUMMARY: I IW, PC Technical Services Task Order No. 17-03 for the
17th Street/W. Locust Street Storm Sewer Improvements
Project; I IW, PC Technical Services Task Order No. 18-01
for 22nd St./Kaufmann Ave. Storm Sewer Improvement
Project; Pillar Design Studios, LLC for Dubuque Skate Park
Designer and Landscape Architect; Releases of Mortgage
for Duaine Greenfield (190 Main St.); Hartig Realty I I,
LC (703 Main St.); Don Junk (65-73 Main St.); Security
Investments, LLC (800 Main St.); Security Partners, LP
(800 Main St.); and Town Clock Building Co. (823-835 Main
St.).
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
II W, PC Technical Services Task Order No. 17-03 Supporting Documentation
II W, PC Technical Services Task Order No. 18-10 Supporting Documentation
Pillar Design Studios, LLC ContacVBond Supporting Documentation
Release of Nbrtgage- Duaine Greenfield Supporting Documentation
Release of Nbrtgage- Hartig Realty I II, LC Supporting Documentation
Release of Nbrtgage- Don Junk Supporting Documentation
Release of Nbrtgage- Town Clock Building Co. Supporting Documentation
Release of Nbrtgage- Security Investments, LLC Supporting Documentation
Release of Nbrtgage- Security Partners, LP Supporting Documentation
I
PROPOSED SCOPE OF WORK FOR
DUBUQUE SKATEPARK
Pillar Design Studios, L.L.C. (Pillar) has prepared this scope of work to summarize
our design process and to aid in the clarification of project responsibilities.
Accordingly, Pillar is providing the City of Dubuque (CLIENT) with this scope of work
for the Dubuque Skatepark Project. Pillar will serve as the Skate Park Designer and
Landscape Architect. IIW will serve as Sub-Consultant to Pillar, handling all additional
amenities.
The proposed scope of work� for this project shall include but not limited to the
following:
• Skate park design and construction documentation at Flora Park
• Analysis of Retro Fit/ Upgrade at Comiskey Park and McAleece Sports
Complex
• Bidding Assistance and Construction Adm`inistration Services
Project Management and Accounting
• Pillar will�perform 1 on-site design. meeting as'needed, this meeting
will cover both Flora park as well as the retro fit/upgrade park sites.
• Pillar is happy to perform additional design meetings with both the City
as welf as Skate committee, advocates and users ali'ke via Skype or
other mediums. .'
• IIW will perform 1 site visit, which will include all 3' potential sites, and
attend 2 internal design meetings and 1 :public design meeting.
TASK 1 PRELIMINARY DESIGN OF DUBUQUE SKATE PARK
Objective§:
• Review proposed improvements and existing information. '
• Prepare 50% Plans
• Preliminary Design
• Provide preliminary estimate of probable construction cost.
• Begin Permitting Process
I.a — Collect Information
• The Client shall provide Pillar with a list of approved, required and/or
prohibited construction products, materials, finishes and colors for this
project.
• The Client shall provide Pillar with all available existing and proposed project
information as it relates to the master plan improvements in CAD format, this
shall include but not be limited to the following items:
a. Property lines and project boundaries
b. Survey benchmark and basis of bearing
c. Easements
Dubuque Skate Park Project Page 1
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d. Topography
e. Site improvements
f. Utility locations
g. Vegetation
• The Client shall provide Pillar with a geo-technical report containing the
locations of all borings, an executive summary, detailed description of the
findings and recommendations and a detailed report of the laboratory tests
performed as needed.
• The Client shall provide Pillar with the proposed construction budget and any
in-kind or local costs for materials to be included in the estimate of probable '
construction costs. �,
• The Client shall provide Pillar with.a list of all agencies required to review and
approve the construction document`package.
• The Client shall provide`Pillar;with any,specific details, title blocks,
specifications andjor document formattin:g requirements.
I.b — Project Kick Off>Meeting
• This meeting will include a review of the City's<roles and responsibilities, the
consultant team's roles and responsibilities, a thorough discussion of the
project goals and objectives. :Meeting will also include verification and
revision, if necessary, of project design program, discussion of project
schedule, and schedule for future meetings.
: _ _ _ - - - . - - _
• Pillar will be.attending via phone conference, buf IIV1l (Sub-Consultant) will -
have two individuals attend in person.
, I.c — Base Map
• IIW will compile i;nformation on the Skatepark provided by Pillar as well as
topographic and site features provided by the City and will create a base map
showing the:Skatepark elements and features.
I.d — Preliminary Design at 50%
• Pillar, in conjunction with IIV1/, wiil prepare a preliminary design concept,
showing the Skatepark design, proposed amenities and their relationships to
the existing site' in general detail. :This will include preliminary design
information for:
a. Evaluation of bio-swales,;Rain gardens, and other sustainable
elements (including report summarizing evaluation)
b. Storm sewer
c. Water lateral for drinking fountain
d. Drain line for drinking fountain�leading to French drain to be
constructed in close proximity
e. Structural foundations for shade structure. Assumption is that
shade structure will match the one shown in the rendering
provided in the Request for Proposals.
f. Retaining wall
Dubuque Skate Park Project Page 2
I.e — Design Review Meeting (Phone Conference or On-Site Visit)
• Private Design Review Meeting: The Client, Pillar and Design Team will meet
to discuss the Skate park conceptual design prior to finalizing.
• At this time, we will discuss GREEN elements, Rain Gardens and sustainable
practices.
• Public Design Review Meeting: Pillar will meet with the Skate Committee,
Advocates and Stakeholders to gain input before finalizing the design.
I.f — Final Skate Park Design/Master Plan
• Pillar will prepare one final master plan.
• The master plan shall show the final Skate park design, proposed amenities
and their relationships to the existing site in;general detail.
• 50% Plans Submittal
I.g — Preliminary Estimate of Probable Construction Cost
• At this time Pillar will consult with the client to include any'in-kind donations
and or discounts available to fhe project,` i.e. Community Support Plan.
• Pillar shall provide.the Gient with an estimate of probable;construction cost
for the proposed Skate park and master plan improvements based on the
50% design. .
I.h — Permitting
• IIW will begin preparation of site plan permit to'.be submitted to the City.
TAS1� 2 FINAL DESIGN OF DUBUQUE SKATE PARK
Objectives:
• Upon Client approval, Pillar shall finalize the construction documents in
technical detail, setting ;fourth the requirements for construcfion of the
proposed Skate park.
• Pillar will present the client with 100% construction document package for
bidding purposes.;
• Coordination of any utilities involved on the project.
II.a -Skate Park Design Development Meeting (phone conference)
• The Client and Pillar will discuss the review comments, if any, for the 50%
construction document package and the actions needed to address the
comments.
• Upon conclusion of the phone conference, the client will provide Pillar with
written notice to proceed.
II.b - 100% Construction Drawings
• Typically, in addition to the review comments the following steps are required
to finalize the construction drawings.
a. Cover Sheet: General project information and notes.
Dubuque Skate Parlc Project Page 3
b. Site Plan: An overall plan showing the proposed master plan improvements
plus any existing features requiring additional consideration.
c. 3 Dimensional Graphic: A three dimensional view of the overall Skate park
with terrain callouts and detail references.
d. Horizontal Control Plan: Reference points for all Skate park features in
standard Point/Northing/Easting format plus layout information for all plan view
line-work.
e. Surface Grading & Drainage Plan: All necessary spot elevations, flow arrows,
drain locations and swales needed to convey finish elevations and direction of
flow within the Skate park. Additionally finish grade contours will be shown
around the Skate park depicting proposed grading need to tie the intended
Skate park into the existing grade.
f. Subsurface Drainage Plan: All necessary elevations, slopes, lengths, pumps,
drains and outfall locations'needed for;the proposed dra,inage system.
g. Concrete Plan: Type, location, finish and`color of all of the concrete.
h. Coping Plan: Type, location,:finish and color of>all coping and metal
components.
i. Jointing Plan: Type and location of all concrete joints'.
j. Cross Sections: Multiple dimensioned vertical sections cutting through all
terrain elements within the Skate park.
k. Details: Standard and custom construction detailing for all master plan
improvements. . Y = - - •- - - _ - - - - - I�
I. - Additional Amenities handled b IIW. �I
i. 5torm sewer (excludes bio-swale, rain garden and/or stormwater I
detention), I
2. Water lateral for drinking fountain ',
3. Drain line for drinking fountain leading to French drain to be constructed !
in close proximity ,
4. Structural foundations for shade structure. Assumption is that shade
structure will match .the one shown in the rendering provided in the
Request for Proposals
5. Retaining wall ',
II.c - Specifications �
• Pillar will finalize the written specifications adding any further information as ',
needed.
II.d - Statement of Probable Construction Cost '
• Pillar will finalize the cost estimafie for all master plan improvements as
detailed in the scope of work.
Dubuque Skate Parlc Project Page 4
IY.e - 100% Biddable Construction Documents
• Final bidding documents will be submitted utilizing SUDAS Standards and
Plan format as well as City of Dubuque's SUDAS Workbook Upon completion
of the final construction document package the following shall be delivered to
the client:
a. Compact Disk
1. Reproducible scans of the construction drawings in PDF format.
2. Written specifications in PDF format.
3. Statement of probable construction costs in PDF format.
4. Comma-delimited text file (CSV) containing all reference points in
Point/Northing/Easting format.
II.f - Coordination with any utilities involved on the project
• Coordinate construction with private and:public utilities, conducted by IIW.
��►SK 3 - PRELII+oIINARY,.DESIGN OF RETROFYT / UPGRADE
Objectives:
• The design team will review proposed improv4ements �
• Pillar will create a base drawing
• Prepare 50% plans of the proposed'design
• Finalize preliminary design
• Probable construction cost estimate
• Acquire permits
III.a — Design Review Meeting
• Meet with City Staff, via phone conferenc.e;'to review project expectations,
goals and objectives. -
• Review existing project information and discuss proposed improvements.
III.b — Conceptua( Design
• Prepare 50% plans of the proposed design
• Before finalizing design,'Pillar must receive written approval.
III.c - Final Design „
• Pillar will prepare one final master plan
• The master plan shall show the final skatepark improvements.
• 50% Plan Submittal
III.d - Probable Construction
• Pillar shall provide the Client with an estimate of probable construction cost
for the proposed Skate park and master plan improvements.
TASK 4 — FINAL DESYGN OF RETROFIT / UPGRADE
Dubuque Skate Park Project Page 5
. _ . . . . .... . . . .. .. . .. . ... .... . .. . . . .. . . . i
Objectives:
• 100% Construction Documentation for the purpose of bidding
• Coordination of Utilities
IV.a - 100% Construction Documentation
• Upon receiving written approval Pillar will prepare 100% Construction
Documentation for the purpose of bidding.
IV.b - Coordination of Utilities -
TASK 5 - PERFORM CONSTRUCTION MANAGEMENT
Objectives:
• Pillar will assist the client during the bidding phase.
• Pillar will provide fhe client with an approved list of`�specialty contractors: to
insure a quality facility .is constructed. It is up to the client to contact the
��specialty contractors" during the bidding process,
• Issue any changes or"value engineering fo the client:
• Pillar will conduct On-Site Visits and Q&A:
• Bi-Weekly Budget Status
- - - - - Project Closeout - `
. - - - - - — - - - - -
V.a -Construction Bid Assistances
• Pillar will assist the client with the written qualifications�for the Construction
Bid.
• Provide qualifying information necessary to receive competitive and
experienced:bidders.
V.b - Pre-Bid Meeting ,
• Pillar will participa.te in the pre-bid meeting to address any technical
questions posed by the interested 'bidde"rs. ,
• Pillar will attend via phone conference, IIW will attend'in person. 'I
V.c - Biddin uestions and Clarifications IIII
9Q ,
• Pillar will provide clarification to any questions that the interested bidders ,
may have before or after the pre-bid meeting. I
V.d - Bid Tabulation and Recomrnendation '�
• Pillar will review, tabulate and provide a final recommendation to the Client. i
V.e - As-Equal Product Requests '
• Pillar will review and approve or reject request for as equals substitutions to
the technical specifications: ',
Dubuque Skate Park Project Page 6
• Pillar shall advise the client regarding substitutions but it shall be the client's
responsibility to make the final decision concerning all substitutions.
V.f — Construction Administration
• Pillar will answer any questions about the design intent, construction
documents or specifications.
• Pillar will review and approve or reject all shop drawings, samples and any
other submission from the contractor.
• Pillar shall advise the client regarding product samples but it shall be the
client's responsibility to make the final decision concerning all submissions.
• Pillar will provide the Client with written notice that all tasks within the scope
of work have been completed. .
• Pillar will collect final construction budget and cost information on the
completed project to help ensure that future projects are accurately
budgeted and estimated..
• Construction Progress Inspections '
a. In order to help to guard the client against defects and/or
:deficiencies and to ensure that all work is proceeding in
accordance-inrith the construction docum.ent package, Pillar will
make"periodic on-site inspections.
b. General Contractor shall proVide Pillar with,up to date
construction schedules and notify Pillar when schedule changes
will affect planned on-site inspections.
c. Pillar`shall provide client with written report after each visit,
indicating the progress of the project, quality of coristruction
methods and specific problem areas. These submittals are for
the sole purpose of assisting the client in its management of the
construction process.
d.: Pillar will make recommendatibns to the client to reject work
` that does not conform-to the construction documents or
; specifications; ,i.t shall be the client's responsibility to make the
final decision regarding all recommendations.:
e. ' During scheduled on-site inspections Pillar's representatives
shall have access to aII work at all times, in addition
representatives for the General &`Specialty Contractor shall be
available to answer any question.`
f. Please note that`Pillar.will `not be responsible for the acts or
omissions of the contractor or any sub-contractors, or any of the
contractors or sub-contractors agents or employees, or any
other persons performing any of the work.
g. On-Site inspections. Reviewing critical points such as: Pre-
Construction Meeting, Staking & Excavation, Rebar, Forms &
Coping Review, Shotcrete, Flatwork, & Final Walk Through. The
design team will complete as few as three as many as five on-
site construction inspections.
• Bi-Weekly Budget Status, Process Payment request.
V.g — Project Closeout
Dubuque Slcate Park Project Page 7
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• As-Builts
TASK 6 - PERFORM CONSTRUCTION INSPECTION
Objectives:
• Perform necessary construction inspection.
VI.a - Perform construction inspection
• IIW will perform the following inspections:
• Gradation testing of subbase materials (includes up to 2 samples)
• Witness proof-roll of subgrade (includes 2 trips to site @ 4 hours per trip)
• Concrete field testing (includes 4 trips at:2 hours per trip)
• Concrete cylinder testing (includes testing 16 cylinder5)
TASK 7 - CONSTRUCTION"SURVEY I
��;_;� �� ;. ,�
Objectives:
• Perform construction staking : - ,
--- ---—VII:a - Construction Staking- - - - - - - - -
a. IIW will set control points for construction (assumes 4 hours), excludes water
lateral, storm sewer, and perimeter of skate park as these items: are to be
provided by,contractor.
Project Assumptions
The following assumptions shall apply to the proposed scope of work and submitted
fees:
• All written docum�nts will be'generated :using,Microsoft Word, Version 2003.
• All spreadsheet documents will be generated using Microsoft Excel, Version
2003.
• All project scheduling will be generated using Microsoft Project 2003.
• All CAD files will be generated with AutoCAD 2007:
• All drawings will be reviewed and stamped by necessary discipline retained
by client. Pillar has not retained a Surveyor, Geo-technical Engineer, Civil
Engineer or Structural Engineer for this project.
• The Client shall provide Division 1 Specifications, Bidding and Agreement
Forms/Bonds, Conditions of the Contract, and any other non-technical
specification.
• General Contractor shall provide Pillar with at least two weeks notice for
unscheduled site visits.
• Additional meetings, if required and approved, will be billed at our normal
hourly rates.
• Additional plan sets, if required and approved, will be billed at our normal in-
house, or out-of-house duplication rates.
Dubuque Skate Park Project Page 8
Project Fees
Fees for the Services detailed in the proposed scope of work are outlined below. The
fees, though based on man hours per task, are presented as lump sum not to exceed
amount.
The fees listed below include preparation of plans one time only. Changes to the plans
and/or design made by the Client and/or reviewing agencies, which could not
reasonably be anticipated by Pillar Design Studios, will be completed upon Client
approval on a time and materials basis.
Dubuque Skatepark Design and Construction Administration Fee $26,500.00
Dubuque Skatepark Engineering and Additional Amenities Fee $15,385.00
Construction Testing and Survey Fee $5,430.00
Upgrade/Retrofit to Existirig Skateparks..'.- $9,700.00
Estimated Reimbursable Expenses-NOT TO EXCEED- $3,000.00
TOTAL NOT TO EXCEED FEE `' $64,015.00
HOURLY RATES
Pillar Design Studios,'LLC ` Unit Rate(Hourly)
Skatepark Designer/Project Manager $155
Professional Engineer $125
Senior Landscape Architect $120
CAD/Production $90
Administration $65
Reimbursables
Flight(based on coach fare rates)
Car Rental (based on'economy car rate)
Accommodations
Meals ($75 per diem) .
Parking
Toll Road Fees
IIW
Staff Designation Unit Rate(Hourly)
Professional Engineer $137 - $200
Licensed Architect $116 - $188
Design Engineer $104 - $153
Technician(Survey, Construction Services) $66 - $143
Engineering Aide $59 - $93
Dubuque Slcate Parlc Project Page 9
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Contract Provisions
1. The compensation due Pillar Design Studios, LLC. for the work to be performed
hereunder shall be set forth in Fees and Expenses above. The parties understand
and agree that all work not specifically delineated within the scope of work
described herein shall be billed on a time and materials basis, and shall be in
addition to any budget, bid, or maximum price agreement for the above
described scope of work. Wherever practical, changes, additions, or
modifications to the scope of work shall be authorized by written change request;
however, the absence of such a written change order shall not act as a bar to �
: payment of fees due Pillar Design Studios, LLC. hereunder, provided the change '
was in fact approved and ordered by the Client. Client accepts that signing this
form shall be construed as authorization by.the Client for Pillar Design Studios,
LLC. to proceed with the work.
2. All fees, commissions, product charges and expenses>billed shall be due within
thirty (30) days of the date of billing. Interest on unpaid or late bills shall accrue
at 1 3/4 percent interest per month (2`1.0% A.P,.R.). Gient agrees that all
statements not objected to in writing within seven (7) days of receipt are agreed
to be final and bin.ding upon tlie parties as to th'e amounts due, the adequacy of
Pillar Design Studios, LLC`s performance and the value of the services provided
to Client.
3. Any cost estimates provided by Pillar Design Studios, LLC. will be on a basis of
experience and judgment, but since it has no control over market conditions or
bidding-procedures' Pillar Design Studios, LLC:cannot warrant-that bids—or —
ultimate construction costs wilJ not vary from these cost estimates.;
4. Should the project be published in a`book,:magazine, ne`wspaper, or publication
for public circulation, or if a job sign is erected, PiJtar Design Studios; LLC. should
be listed as the Skate Park Designer and/or Landscape Architect (as applicable).
In addition, this contract represents non-exclusive approval by ;the Client for
publication of the project by Pillar Design StGdios, LLC.
5. The dient shall be permitted to retain copies of drawings and specifications for
information and reference in connection with the Client's use and occupancy of
the project. The client shall be permitted to ;retain an electronic copies of
drawings and specification in the event the:project must be completed by others
as Pillar Design Studios,`LLG is in default under this :agreement. The drawings
and specification shall not be used by the Client on another project or for
completion of this project by other, provided Piilar`besign Studios, LLC is not in
default under this agreement, expect by agreement in writing and appropriate
compensation.
6. Notwithstanding any provision herein to the contrary which requires safekeeping
of documents or obligates Pillar Design Studios, LLC. to safe keep or provide
documents to Client, Pillar Design Studios, LLC. shall not be responsible or liable
for any direct, actual or consequential damages which occur as the result of its
inability to produce such documents by reason of the casualty, destruction or
loss of documents held by Pillar Design Studios, LLC. unless such casualty,
destruction or loss shall be the result of the intentional and wrongful act or the
gross negligence of Pillar Design Studios, LLC.
7. If the project is suspended or abandoned, in whole or in part, for a period of
sixty (60) days or more, or upon instruction by Client to Pillar Design Studios,
Dubuque Skate Park Project Page 10
LLC. to suspend activity on the project, Pillar Design Studios, LLC. shall be
compensated for all services performed together with all reimbursable expenses
due and the contract shall be deemed terminated. If the project is resumed after
such suspension the Agreement between Client and Pillar Design Studios, LLC.
shall be re-negotiated prior to resumption of work by Pillar Design Studios, LLC.
For purposes of this Agreement, the term "suspension" or "abandonment" shall
mean substantial discontinuance of labor, work, services, and furnishings for a
sixty- (60) day period or written instruction by Client to suspend substantially
all project activities.
8. If any provision of this Agreement is for any reason held invalid or unenforceable,
such provision shall be deemed separate and shall not affect the validity of the
remaining portions thereof. «
9. In the event of a default of any provision of this Agreement, after ten (10) days
written notice to cure is delivered, this Contract shall be deemed terminated by
the non-defaulting party by reason of default. For purpose hereof, any failure to
pay sums due under Paragraph 2, above,:for a period of ninety- (90) days shall
be deemed justifiable grounds for declaration of default. Moreover, Pillar Design
Studios, LLC. failure to substantially perform under this Agreement shall be
deemed justifiable"'geounds for declaration of default..In addition, either party
may terminate thi5; agreement with or without cause upon. thirty- (30) days
written notice:by either party. .
10. Laws of the State of Iowa shall control any proceedings arising in the transaction
described herein. All claims, disputes, and :other:matters in question arising out
of, or relating` to, this Authorization :or the breach thereof may be decided by
arbitrati:on in accordance. with the rules of the American Arbitration' Association
then obtaining. Either the Client or`Pillar Design' Studios,' LLC. may initiate a
request for such arbitration, but consent of the other party to such procedure
shall be mandatory. No arbitration arising out of, or relating to this Authorization
may include, ;by consolidation,`joiner, or in any other manner, any additional
party not a party to this Authorization.
11. In the event legal action is brought by the Client or Pillar Design Studios, LLC.
against the other to enforce any of the obligations hereunder or arising out of
the dispute concerning the terms and conditions hereby created, the losing party
shall pay the prevailing party such` reasonable amounts for fee's, costs and
expenses as may be set `by the courf.
12. Pillar Design Studios, LLC: shall carry according to the City of Dubuque Insurance
schedule J which is attached.
13. This agreement shall be binding upon and inure to the benefit of the parties and
their assigns and successors in interest.
14. This agreement supersedes all prior agreements of the parties and shall not be
amended except by written agreement signed by each party.
Dubuque Skate Park Project Page 11
� .� . .
Dubuque Skate Park Acceptance ,
Should you have any questions regarding our proposed scope of work or if you
would like us to make any revisions to the services outlined, please feel free
to call, Nicole Licari at 312.257.6088.
If this proposal meets with your approval, please sign and return to our office.
When accepted, this proposal will serve as a mutual commitment between
Pillar Design Studios, LLC. and the Client for the above outlined services and
fees. Work will be scheduled upon receipt of signed agreement.
By signing below you are accepting the terms and condition listed above.
Pillar Design Studios, L.L.C.
�
Date: 1.10.2018 By.
Brad Siedlecki, Principal
� ' . � Pillar Design Studios, LLC
Client Approval
Date: G By:
Auth` rized Employee
City of Dubuque, IA
Dubuque Skate Park Project Page 12